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99106377
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Last modified
3/13/2012 6:13:58 PM
Creation date
10/20/2005 11:47:46 PM
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DEEDS
Inst Number
99106377
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9 9 10 � 3'7 '� <br /> (b) A description sufficient for identification of that portion of the real <br /> property of the defaulting Owner which is the subject of the lien; <br /> (c) The name of the Owner or reputed Owner of the property which is <br /> the subject of the lien; and <br /> (d) The name and address of the Curing Owner or Curing Party. <br /> 10.2 The lien, when so established against the real property described in the <br /> lien, shall be prior and superior to any right, title, interest, lien or claim which may be or has <br /> been acquired or attached to such real property after the time of filing the lien. The lien shall be <br /> for the use and benefit of the person curing the default of the defaulting Owner and may be <br /> enforced and foreclosed in a suit or action brought in any court of competent jurisdiction. <br /> � <br /> 11. Right to Maintain Parcel Separately. <br /> 11.1 The Owner of any Parcel may, at any time and from tiine to time, upon at <br /> least sixty (60) days prior written notice to the Maintenance Director and the Consenting <br /> Owners, elect to assume the obligations of the Maintenance Director to maintain, repair, replace, <br /> and insure (herein, to "Self-Maintain") such Owner's portion of the Common Area; rop vided <br /> that an Owner electing to Self-Maintain shall remain obligated to contribute to resurfacing, <br /> lighting and other costs which cannot be practicably segregated or allocated between the Parcels <br /> (the "Non-Allocable Costs"). "Non-Allocable Costs" shall include those costs relating to the <br /> maintenance and repair of Allen Drive, the rights-of-way immediately adjacent to the Shopping <br /> Center, and the areas labeled "Detention Area" on Exhibit "A," to the same extent the same <br /> would be reimbursable hereunder if said Owner had not elected to Self-Maintain. The Non- <br /> Allocable Costs shall continue to be proportionately paid for by each Owner electing to Self- <br /> Maintain (or its respective tenants or agents, as it may direct) pursuant to the formula in <br /> Article 7. In the event of any such assumption by any Owner, such Owner agrees to Self- <br /> Maintain its portion of the Common Area at its sole cost and expense and in a manner and at a <br /> level of quality at least comparable to that of the balance of the Common Area. An Owner who <br /> elects to Self-Maintain shall be lial�le for its share of Common Area maintenance expenses in <br /> accordance with the Budget, to the extent that the same accrue up to the date on which the 60-day <br /> notice period for election to Self-Maintain expires. An Owner may also elect to terminate its <br /> obligation to Self-Maintain its portion of the Common Area, by giving at least sixty (60) days <br /> prior written notice to the Maintenance Director, in which event the Maintenance Director shall <br /> resume its duties with respect to said Parcel and the Owner so electing agrees to pay for its pro <br /> rata share of all Common Area maintenance and insurance costs (including the ten percent [10%] <br /> service charge described in Article 6 above) thereafter incurred by the Maintenance Director in <br /> accordance with Article 7. Anything in the preceding sentence to the contrary notwithstanding, <br /> the Owner electing to terminate its obligation to Self-Maintain its portion of the Common Area <br /> 16 <br />
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